' IQBAL HAMEEDUR RAHMAN, J.--- Brief facts leading to this writ petition are that the petitioner MRs, Zahida Parveen had been working as Nursing Instructor in the School of Nursing, Victoria Hospital, Bahawalpur, in BPS-17, from where she was promoted on 13-4-2007 and was posted as Principal School of Nursing, D.H.Q. Khanewal. She relieved from School of Nursing, Victoria Hospital, Bahawalpur, on 17-4-2007 and joined as Principal School of Nursing, D.H.Q. Khanewal. On the same date, respondent No,9 MRs, Surriya Ghufran, who was working in BPS-17 as Principal School of Nursing, D.H.Q., Khanewal, was transferred to Nishter Hospital, School of Nursing, Multan. Thereafter, respondent No,9 was also promoted and was transferred to Bhakkar in BPS-18 from Nishter School of Nursing, Multan. On 8-9-2007, on the direction of the Chief Minister, respondent No,9 MRs, Surriya Ghufran, Principal (BPS-18), School of Nursing, D.H.Q. Hospital, Bhakkar, was transferred and posted at School of Nursing, D.H.Q. Hospital, Khanewal and the petitioner MRs, Zahida Parveen, Principal, (BS-18), School of Nursing, D.H.Q. Hospital, Khanewal was transferred and posted as Principal, School of Nursing, D.H.Q. Hospital, Bhakkar, by the Secretary Health Government of the Punjab, Health Department and the said order was issued by Section Officer (Nursing Cadre). Against the said order, dated 8-9-2007, the petitioner has filed this writ petition, praying that the same be declared illegal, void and without jurisdiction and set aside.
2. It is stated by learned counsel for the petitioner that the impugned transfer order, dated 8-9- 2007 has been made on account of political manipulation on the direction of the Chief Minister and a copy of the said order was forwarded for information to Sardar Sher Afghan, Additional Secretary to Chief Minister, Chief Minister's Secretariat, Punjab, Lahore, with reference to his direction conveyed over telephone on 1-8-2007, as is evident from the impugned order; that the said order has been passed in violation of the dictum laid down by the august Supreme Court in Zahid Akhtar's case PLD 1995 SC 530; that in suchlike case i.e, Writ Petition No,3833 of 2007 titled MRs, Tasleem Kausar v. Secretary to Government of Punjab Health Department etc. Where transfer and posting have been made on political consideration, this Court also interfered and issued a stay order; that the impugned order is also in violation of the service policy and in contravention of the dictum of the superior Court; that the impugned order had been passed at the back of the petitioner; as she during the period had gone for training Programme PAIMAN held in Bangkok from 4th September, to 9th September, that the petitioner had not relinquished the charge and inspite of that respondent No,9 was allowed to join and resume the charge in place of the petitioner; that the petitioner had been trying to get the redressal of her grievance in the hierarchy of the Health Department but no one was prepared to listen to her on account of the direction of the Chief Minister and that subsequently, the petitioner requested the respondents to let her continue to stay at Khanewal but the same has been refused.
3. Vide order, dated 17-9-2007, the learned A.A.-G. Was directed to seek instructions from respondent No,6 and to assist this Court. Mr. M.R. Khalid, Additional Advocate-General has appeared and he has submitted another order 11-9-2007, whereby the earlier impugned order has been modified to the extent that the petitioner Mst. Zahida Parveen has been transfer from School of Nursing, D.H.Q. Hospital, Khanewal and posted as Nursing Superintendent at Independent Dental Block (College) at Nishter Medical Institution, Multan against a newly-created post, as such the impugned order in the writ petition is no more in the field, therefore, this writ petition has become infructuous and the same be dismissed. The contentions of the learned Additional Advocate- General have been controverted by learned counsel for the petitioner, saying that the subsequent order, of which no copy has been provided to the petitioner, has been issued by creating a new post in order to cover up mala fides and lacunas of the respondents, who in the earlier impugned order had clearly found that the said order had been passed on the direction of the Chief Minister as a copy of the said order had been forwarded to Sardar Sher Afghan, Additional Secretary to Chief Minister, Chief Minister's Secretariat, Punjab, Lahore with reference to his direction conveyed over the telephone on 1-8-2007, as .Such the subsequent transfer also comes within the ambit of mala fides of the respondents rather it fortifies the contention of the petitioner that the transfer of the petitioner has been made on political considerations and against the Government policy.
4. I have heard learned counsel for the petitioner as well as the learned Additional Advocate- General and perused the impugned order as well as subsequent order, dated .11-9-2007.
5. From the perusal of the order, dated 8-9-2007, it becomes apparent that a copy of the same is forwarded to Sardar Sher Afghan, Additional Secretary to Chief Minister, Chief Minister's Secretariat, Punjab, Lahore, with reference. To his direction conveyed over telephone on 1-8-2007. Further a copy of the impugned order is also forwarded to the Deputy Secretary (IT) Chief Minister Secretariat, Punjab, Lahore as such it cannot be denied that the posting of the petitioner has been made in pursuance of the directive issued by the Chief Minister's Secretariat, as such the said order can safely be said to have been made of political considerations. Further realizing the mistake made in the order, dated 8-9-2007, the subsequent order; dated 11-9-2007 was issued creating a new post for the petitioner and while forwarding copies to the concerned departments, the names of Sardar Sher Afghan, Additional Secretary and the Deputy Secretary to Chief Minister Chief Minister's Secretariat were omitted. The said omissions as contended by learned counsel for the petitioner had been made so as to rectify the earlier mistake made by the respondents in forwarding a copy to them, realizing that the same could easily be challenged before this Court.
6. In view of the above perspective, it is quite apparent that the transfer of the petitioner is being made on the directives issued by the Chief Minister's Secretariat, therefore, the transfers being made on B political considerations had been made in violation of the directions issued by the august Supreme Court of Pakistan in Zahid Akhtar's case PLD 1995 SC 530, according to which all public functionaries and authorities are directed to remain within the four corners of the law.
Further it has been held in Syed Mazhar Hussain Bukhari v. Secretary to Government of Punjab, Local Government and Rural Development Department and others 1996 SCM R 59 that "directions of the Supreme Court were not made to be flouted with impunity by the authorities to whom they were issued and were meant to be adhered to by them in letter and spirit". Therefore, as the impugned order, dated 8-9-2007 and the subsequent order, dated 11-9-2007 have been passed in violation of the directions made by the august Supreme Court in Zahid Akhtar's case PLD 1995 SC 530, the petitioner has made a prima face case in her favour, as such this writ petition is accepted and the impugned order dated 8-9-2007 and the subsequent order dated 11-9-2007 are set aside.
No order as to costs.